McConnell v. Mason

The contention made in the affidavit of illegality, to the effect that the execution, founded on a judgment rendered against another as principal and the affiant as surety on a forthcoming bond given in a trover proceeding, could not legally proceed, for the reason that the principal had not in fact signed the bond on which such judgment was rendered, can not be raised by affidavit of illegality. The judgment having been rendered by a court of competent jurisdiction, and both the parties against whom the judgment was entered having had their day in court the record in the illegality…